Re Selectmove Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 21 December 1994 |
| Date | 21 December 1994 |
| Court | Court of Appeal (Civil Division) |
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57 cases
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MWB Business Exchange Centres Ltd (Claimant/ Respondent) v Rock Advertising Ltd (Defendant/ Appellant)
...relied primarily upon the decision of the House of Lords in Foakes v Beer (1884) 9 App. Cas. 605 and the decision of this court in In re Selectmove Ltd [1995] 1 WLR 474. 38 In Foakes v Beer the House of Lords approved the rule in Pinnel'sCase (1602) 5 Co. Rep. 117a that "payment of a lesser......
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Island Life Insurance Company Ltd v Huntley Manhertz and another [Consolidated Suits]
...accord and satisfaction. 14 The English Court of Appeal has recently confirmed the rule in Foakes v Beer - see Re Selectmore (1995) 1 WLR 474, (1995) 2 All ER 534 and Ferguson v Davis (1997) 1 All ER. 315. 15 Having found that the respondent's agreement to accept the $3.6 million in full ......
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Island Life Insurance Company Ltd v Huntley Manhertz and another [Consolidated Suits]
...have provided no consideration which would bind Island Life. He relies on Foakes v Beer, D & C Builders Limited v Rees (1996) 2 QB 617, re Selectmove (1995) 1 WLR 474, Chitty on Contracts 29 th Edition Volume 1, The Law of Contract by Sir Guenter Trietel, 11 th Edition. 33 Waiver at Common......
- Huyton S.A. v Peter Cremer G.m.b.H. & Company
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1 firm's commentaries
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The English Courts Broaden The Scope For Oral Variation Of Contracts
...sum on the day in satisfaction of a greater, cannot be any satisfaction of the whole": Foakes v Beer (1884) 9 App Cas 605; Re Selectmove [1995] 1 WLR 474. The Court of Appeal in MWB distinguished Foakes v Beer and Re Selectmove on the basis that the only benefit conferred was in the form of......
13 books & journal articles
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Contract formation
...Fox-Andrews QC. 118 BBF Consultancy Group v Barratt Homes Ltd [2001] EWCA Civ 1155 at [26], per Potter LJ. 119 In re Selectmove Ltd [1995] 1 WLR 474 at 478, per Peter Gibson LJ. 120 Carter v Hyde (1923) 33 CLR 115. 121 Jonathan Wren Co Ltd v Microdec plc (1999) 65 Con LR 157 at 156[50]–157[......
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Consideration and Form
...value of £5, but not £5. Again, if the time or place of payment 214 See Section B(3), above in this chapter. 215 Above note 176. 216 [1995] 2 All ER 531 (CA). Compare with Collier v P & MJ Wright (Holdings) Ltd , [2008] 1 WLR 643 (CA) [ Collier ], in which Arden LJ expressed support for the......
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Contract Law
...a promise to discharge the entire debt owed. The learned judge also endorsed the English Court of Appeal decision of Re Selectmove Ltd[1995] 1 WLR 474, which refused to extend the concept of “practical” benefit or detriment in the Williams case (that itself related to the attempted enforcem......
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UNDUE INFLUENCE, UNCONSCIONABILITY AND GOOD FAITH
...112 (1984) 156 CLR 41. 113 See Artifakts Design Group Ltd v NP Rigg Ltd [1993] 1 NZLR (Williams J). 114 [1990] 1 All ER 512 (CA). 115 [1995] 1 WLR 474 (CA) following Foakes v Beer(1884) 9 App Cas 605 (HL), ie, that part payment of a debt is not good consideration, a case which was not cited......
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